Minutes of the Regular Joint Meeting of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency and Special Meeting of the Oakley Public Financing Authority held
October 24, 2023
1) OPENING MATTERS
1.1 Call to Order and Roll Call of the Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency/Oakley Public Financing Authority
Mayor Aaron Meadows called the meeting to order at 6:30 p.m. in the Oakley City Council Chambers located at 3231 Main Street, Oakley, California. Vice Mayor Anissa Williams and Councilmembers Dr. George Fuller, Hugh Henderson and Shannon Shaw were also present.
1.2 Pledge of Allegiance to the Flag (Layla Zaragoza, Summer Lake Elementary School Student)
Summer Lake Elementary School Student Layla Zaragoza led the Pledge of Allegiance to the Flag.
1.3 Update from Scott Wannamaker, Assistant Fire Chief, Contra Costa County Fire Protection District
Contra Costa County Fire Protection District Assistant Fire Chief Scott Wannamaker provided a PowerPoint presentation.
Vice Mayor Williams requested clarification on acronyms used during the presentation.
Assistant Fire Chief Wannamaker explained that BLS is an EMT and another EMT, whereas ALS is an EMT with a paramedic, a different level of service.
Dr. Fuller mentioned there has been a significant drop in call volume over 36 months. He inquired what Assistant Fire Chief Wannamaker would attribute that to.
Assistant Fire Chief Wannamaker responded that calls for fires, rescues, and vehicle accidents, have remained stable, and they see some seasonal change due to flu response during winter months, but he believes Dr. Fuller is referring to ambulance only calls (Dr. Fuller clarified he is referring to City of Oakley calls) and they have had a shortage of ambulances recently so many of the calls for service had a mixed response that included an engine because ambulances were delayed; therefore, a decrease of ambulance only calls results from a decrease in ambulance availability. He mentioned on the 19th, they instituted the BLS response tier model and their compliance numbers have changed dramatically in the last 5 weeks.
1.4 Presentation by Gary Parkhurst, Mount Diablo Interpretive Association, regarding the Mitchell Canyon Educational Center
Gary Parkhurst, with Mount Diablo Interpretive Association, provided a PowerPoint presentation on the proposed Mitchell Canyon Education Center.
2) PUBLIC COMMENTS
Dawn Morrow commented that she appreciates the improvements in landscaping in Vintage Parkway and appreciates the new audience chairs in the Council Chambers. 3) CONSENT CALENDAR
3.1 Approve Minutes from the Regular Joint City Council/City Council Acting as the Successor Agency to the Redevelopment Agency/Public Financing Authority Meeting Held October 10, 2023 (Libby Vreonis, City Clerk)
3.2 Accept Report Out of Closed Session Memo (Derek Cole, City Attorney)
3.3 Approval of Consulting Services Agreement by TRB and Associates, Inc. for OnCall services related to Code Compliance Plan Review and Inspection Services (Joshua McMurray, City Manager)
No public comments were submitted.
It was moved by Vice Mayor Williams and seconded by Councilmember Shaw to approve the Consent Calendar. Motion was unanimous and so ordered. (5-0) 4) PUBLIC HEARINGS
4.1 Amend and Restate Resolution Authorizing the City of Oakley to Join the California Statewide Communities Development Authority’s Infrastructure Program (SCIP) (Jeri Tejeda, Administrative Services Director) Administrative Services Director Jeri Tejeda presented the staff report.
Dr. Fuller mentioned it is his understanding that residents in Emerson Ranch and Delaney Park use this to finance roads, etc. that went in there and now they are paying the assessment fee to the developer.
Mrs. Tejeda explained that the assessment fee pays down the bond; it does not go to the developer.
Dr. Fuller inquired where it is documented.
Mrs. Tejeda explained it is on the property tax bill as with other assessments.
Dr. Fuller inquired about someone becoming ill or unemployed and how it affects the program and what recourse is available.
Mrs. Tejeda explained that the City is not on the hook for that assessment, the developer is because they bonded for it.
James Hamill, Managing Director, California Statewide Communities Development Authority, explained that there is a forbearance agreement with the property owner in those cases, to provide a payment plan to pay over a longer period of time.
Dr. Fuller inquired if property owners would negotiate a forbearance arrangement directly with him and Mr. Hamill confirmed they would.
Vice Mayor Williams commented that the developer is the “homeowner” before homes are sold, but the homeowner/developer votes for it so properties are bonded before people purchase them and move in; it keeps the initial purchase price lower, but it is captured on the back end.
She inquired if these bonds are forever, and Mr. Hamill explained they are for 30 years. She inquired if a new owner takes it on if someone sells their property and Mrs. Tejeda confirmed that is correct. She commented that she is hearing in the newer neighborhoods that people are being assessed to death, and while it is a real estate agent’s job to disclose fees, she inquired if there is anything the City can do to help disclose.
Mrs. Tejeda responded that the City cannot control what is or is not disclosed but if someone wanted to call and speak with the City, staff can help explain what is a City assessment and what is not.
Dr. Fuller expressed concern that it is a new tax. He mentioned a house is sold at a lower price without it upfront, but normally it goes into purchase of house and a person can work through it with the mortgage structure. He mentioned he hears all the time about high assessments with new development in the E. Cypress area; some young families relying on their real estate agent and developer, and they may not be fully aware of all involved in purchasing and this adds to the stack of assessments; therefore, he will not vote in favor.
Councilmember Shaw shared that she is in a home with horrific assessments and taxes, but she believes it is going to go to the homeowner one way or another whether in the purchase price or assessments. She mentioned she wouldn’t be able to qualify to purchase if it was upfront with the purchase price and she wants to be able to allow people to qualify for a home purchase, so she is reluctantly supporting this.
Vice Mayor Williams inquired if there are any statistics on how many homeowners have benefited from this. She expressed that it should benefit residents not developers because they are here to serve residents, not developers.
Mrs. Tejeda mentioned she does not have that information tonight but she can talk to the team and see if there is anything to provide.
Mayor Meadows commented that a lot of sales he sees come through are people barely getting into homes, it is a stretch with them buying to the maximum of their loan qualification, so if it keeps prices lower, they are probably benefiting.
Vice Mayor Williams inquired if there is a cap to the assessment since this is a statewide program and people are barely qualifying to purchase then they have assessments added.
Mayor Meadows mentioned he will not speak to a new purchase, but on a resale, assessments are known.
Mr. Hamill responded there is a 2% state cap, but they don’t go above 1.7% because when they sell the bonds on the marketplace, they won’t be able to sell them if too high because they are leveraged too much.
Councilmember Henderson commented that the City is already part of this program so the focus here is to discuss staying in the program.
Councilmember Shaw agreed the focus is staying in the program and mentioned it is also expanding their reach what is included in the bonds so it can be potentially higher than what they have.
It was moved by Councilmember Henderson and seconded by Councilmember Shaw to adopt the resolution as presented. AYES: Henderson, Meadows, Shaw, Williams. NOES: Fuller. (4-1)
4.2 Grand Cypress Preserve Development Agreements Master Amendment (DA 01-23) (Ken Strelo, Planning Manager)
Planning Manager Ken Strelo presented the staff report and provided a PowerPoint presentation.
Vice Mayor Williams inquired if extending this Development Agreement will not delay E.
Cypress Road improvements until development begins and Mr. Strelo confirmed it would not.
Dr. Fuller inquired if they keep the same plan/design if it should go until 2045, or if it can be revisited then and be altered.
Mr. Strelo explained that home design review is not approved for these projects; the tentative maps are approved with conceptual landscaping, all of which has been analyzed and reviewed in accordance with the East Cypress Corridor Specific Plan conceptual plans, so any future apartments or houses in these developments still need to come to the Council for design review and receive approvals. He explained that they are not locked in yet but if they were, they would run with the Development Agreement. He mentioned at this time, it is only the tentative maps that would remain valid.
Mayor Meadows opened the public hearing and called for public comments.
A member of the public inquired if developers will be held to meet the current percentage of below market housing in newer developments or if it goes up in future years, if they will be subject to a new percentage.
Mr. Strelo explained that this project is not subject to inclusionary housing, or in other words, requiring any below market rate housing. He mentioned if the developer chose to submit an application in the future they would handle that as need be, but at this time, the City uses a special zoning overlay district and in the future, a special zone in order to accommodate Regional Housing Needs Assessment and provide land for affordable housing. He mentioned there is no requirement for affordable housing by these developments.
Andrew Han, representative of the development entity, agreed with the staff recommendation and was available for questions.
Mayor Meadows closed the public hearing.
It was moved by Vice Mayor Williams and seconded by Dr. Fuller to waive the first reading and introduce the ordinance. Motion was unanimous and so ordered. (5-0) 5) REGULAR CALENDAR
5.1 Adopt a Superseding Agreement regarding the reimbursement for and implementation of construction improvements related to the Grand Cypress Preserve project with ACD-TI Oakley, LLC (Joshua McMurray, City Manager) City Manager Joshua McMurray presented the staff report. He mentioned on page 120 of the agenda, in the 4th “Whereas” paragraph of the proposed Resolution, the correct date is April 13, 2022.
Vice Mayor Williams inquired when work would be ready to begin.
Mr. McMurray mentioned it will probably be at the beginning of next year. He explained that the first reading of the ordinance is waived and introduced tonight but still needs to be adopted if at the Council’s pleasure in November followed by a period of time to request items from the developer and time for the developer to respond, and then the work needs to be bid before they can start construction.
Vice Mayor Williams inquired if there will be a lot of communication when they get ready to start the project, so residents are aware.
Mr. McMurray confirmed that as with all projects, the public will be informed. He mentioned they want to make sure residents are aware of the investment and priority the Council is placing on this project.
Councilmember Henderson inquired about the rough timing of completion of the project.
Mr. McMurray mentioned they have 36 months to complete construction, which he believes is more than enough time to complete the improvements.
No public comments were submitted.
Mayor Meadows read the CEQA determination into the record.
Dr. Fuller thanked the developer, TI, and all associated with the project, as well as Mr.
McMurray for what they have done for the expansion of E. Cypress. He commented that he wants to be able to say this is what we have been able to do in Oakley. He mentioned he is hearing over and over again in other areas such as San Francisco and Berkeley that we are not doing enough and we are doing it with private capital, not public funds; they are getting results and came to an agreement to have an expansion. He commented that there are other developers they work well with including DeNova (NE corner of Bethel Island and Cypress) that had its own builders remedy, which they didn’t have to abide by because of changes, to have 20% deeded for low and very low housing that will remain that way for 50 years. He explained that they weren’t bound by it because of laws that passed, but they committed to it and to this community. He thanked staff and developers for working together to find solutions.
Councilmember Shaw thanked them for their hard work and mentioned E. Cypress has been a priority of this Council and there is going to be construction but to bear with them as it is for safety.
Mayor Meadows shared that this was the first call he got when he was sworn in so it has been a while.
It was moved by Councilmember Shaw and seconded by Vice Mayor Williams to adopt the resolution as amended to correct the date. Motion was unanimous and so ordered. (5-0) 6) REPORTS
6.1 CITY MANAGER
(a) City Manager
(b) Business License Update
City Manager Joshua McMurray mentioned the September Business License update has been submitted. He thanked staff for a great Oaktober Fest event. He mentioned next year is the City’s 25th Anniversary and asked the Council to select 2 members informally to sit on a subcommittee with staff to discuss how to celebrate it.
Mayor Meadows and Vice Mayor Williams mentioned they would like to serve. Councilmember Shaw expressed interest in serving but that she is happy to bow out if they would rather serve.
6.2 OAKLEY CITY COUNCIL/OAKLEY CITY COUNCIL ACTING AS THE SUCCESSOR
AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY
(a) Reports from Council Liaisons to Regional Committees, Commissions and Boards AND Oakley City Council/Oakley City Council Acting as the Successor Agency to the Oakley Redevelopment Agency
Dr. Fuller reported he attended the American Legion Post 202 in Brentwood which includes Oakley Veterans for its "Be the One" Dance. He explained that suicide rates are high for veterans and “Be the One” means if you see a veteran in trouble, get a hold of someone to help them. He shared the California Veterans Resource Book and asked City Manager Joshua McMurray if he can get in touch with Roy Manning to place these books in the City’s lobby along with the County Veterans pamphlet and he shared the Veterans crisis line, 9-8-8. He also reported he attended Oaktober Fest where St. Anthony operated wine and beer sales, Oakley Library representatives Liz Fuller and Arnold Fitzpatrick, Jr. were present, and Assemblymember Lori Wilson’s aides were also present. He announced Friday, October 27, 8:45 a.m.-10:00 a.m., is the next Freedom Fuel Cafe at Freedom High School run by its Life Skills class.
Vice Mayor Williams reported she attended the APTA Conference where she learned that there are only three bus manufacturers in the U.S. and one just declared bankruptcy; the federal guidelines provide that they can only purchase buses made in the U.S, creating a long waiting line with the other two bus manufacturers; it includes all buses. She shared that the keynote speaker was the head of innovation for Disney and he spoke about creativity, intuition, curiosity, imagination being the most employable skills that everyone has to have and can’t be taken over by A.I. She also shared that she attended a session on transit impact---fostering opportunity and growth in communities, that Los Angeles will host the 2028 Olympics---the first car-free Olympic venue, and she learned about the rapid transit zone---a policy developed to protect a higher density zone and warehousing and transportation had to go hand-in-hand. She mentioned she learned about helpful tools such as time lapse videos to show residents. She mentioned the CEO of Amtrak was a panelist and he mentioned that 1/3 of Amtrak trips are through commuter rails and he is an advocate of designing cities around transit; and St. Pete’s Florida provides a good footprint for mobility hubs. She mentioned there has been a 140% increase in U.S. home prices over the past 20 years, 30% of it in the past 3 years, with rent increasing 9% over the past year, and wages are clearly not going up at the same rate. She also mentioned that Park City Transit designed affordable housing for their transit employees that was a City project funded by grants and local tax revenue, and with teachers needing housing, it might be a model to look at. She reported she attended the Oakley Chamber of Commerce meeting at Brownstone Gardens where she was the keynote speaker and there was interaction and ideas for businesses, energy, and activity around it, and she is excited they are getting it off the ground. She added that Oleksii is perfect for it with his energy and approach to do it differently.
Councilmember Shaw reported she was also at the APTA conference; the vendors were interesting to see how transit is going to meet zero emissions. She also reported she attended the Ironhouse Sanitary District meeting virtually, the reception welcoming for Dr. Pamela Ralston at Los Medanos College, and Oaktober Fest where she obtained a library card with her last name.
Mayor Meadows shared that he got his library card a year ago when the Library was on site. He reported he attended the MCE and CCTA meetings last week and Oaktober Fest. (b) Requests for Future Agendas
Dr. Fuller requested staff secure a speaker from the Veterans to inform the Council what is happening with Veterans and share some of their hardships. It was supported by Councilmember Shaw.
7) WORK SESSION
None.
8) CLOSED SESSIONS
8.1 CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor Aaron Meadows, Vice Mayor Anissa Williams, City Attorney Derek Cole
Unrepresented employee: City Manager Joshua McMurray
Mayor Meadows announced the closed session and mentioned the meeting will be adjourned following closed session. He provided information regarding the next regular meeting. 9) ADJOURN
There being no further business, the meeting was adjourned at 7:55 p.m.
Respectively Submitted,
Libby Vreonis
City Clerk